U-1989-09 (amended)b1 f^
01
_,,Ar.�j. Cittl of Cupertino
10300 Irmo Avrnuv
Cupr•rlino, Older nia 95014
n elrphnnr: 140111 252-4505
November 29, 1989
University of San Francisco
7337 Bollinger Road
Cupertino, California 95014
P.O. Do. 500
Cuperlino, Califnmia 95015
Subject: Application 9-U-89 ( Amended) - University of San Francisco
This letter confirms the decision of the Cupertino Planning Commission,
given at its regular meeting of November 27, 1989 to approve the subject 1,4
application according to the findings and conditions specified in the
enclosed copy of Planning Commission Resolution No. 4225.
Please note these conditions carefully. Subsequent suhmittal of materials
for building permits or other entitlements will be checked for compliance
with the conditions listed in the Resolution; discrepancies may result in
processing delays. Please contact our office if you have questions about
this matter.
sincerely,
MY OF CUPERT'INO
et-�--O�
Robert Cowan
Director of Community Development
letters\lt9u89
9-U-89 (Amended)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4225
OF THE PLANNING WIMSSION OF THE CITY OF CUPERTINO
APPROVING AN hIINOR NBIMM NT TO A USE PUZUT TO OPERATE
5PE)CIAT ZED EDUCATIONAL CIAssRoc)Ms WIDiIN AN EXISTING
OFFICE/RETAIL CENM
SECTION I: FINDINGS
WHEREAS, the Planning Cam¢nission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution; and
WFff1WAS, the applicant has met the burden of proof required to support said
application; and
VAOTAS, the Planning Commission finds that the application meets the following
requirements:
a) 'That the use or uses are in conformance with the General Plan of}the
City of Cupertino, and are not detrimental to existing uses or to d-%s
specifically permitted in the zone in which the proposed use is to be
located.
b) That the property involved is adequate in size and shape to
acOoumx)date the proposed use.
c) That the proposed use will not generate a level of traffic over and
above that of the capacity of the existing street system.
d) That the proposed use is otherwise not detrimental to the health,
safety, peace, morals and general welfare of persons residing or
working in the neighborhood of such proposed uses, nor injurious to
property and improvements in the neighborhood.
NOW, THERMRE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other
evidence submitted in this matter, the application for Use Permit is hereby
recc miended for approval, subject to the conditions which are enumerated in
this Resolution beginning on Page 2 thereof; and
Zhat the subeonclusions upon which the findings and conditions specified in
this Resolution are based and contained in the Public Hearing record concerning
Application 9-U-89 (Amended) as set forth in the Minutes of the Planning
Condssion Meeting of November 27, 1989, and are incorporated by reference as
though fully set forth herein.
le
Resolution No. 4225 (9-U-89 Aff"ed) November 27, 1989
Page -2-
APPLICATION NO(s): 9-U-89 (Amended)
APPLICANT: University of San Francisco
PROPERTY OWNER: Sect Family Trust
LIXNI'ION: Tenant space within the commercial center located
on the north side of Bollinger Road, west of De
Anza Boulevard
SECTION III: CONDITIONS TO BE ADMINISTER} BY TffE COMMUNITY DEVELAPMLNI'
DIRARimr
1. APPROVED EXNIBPIS
The recommendation of approval is based on Floor Plan and Site Plan exhibits
of Application 9-U-89, except as said exhibit may be amended by the
Conditions contained in this Resolution.
2. USE LIMITATION
The subject use permit authorizes operation of 2,200 sq. ft. of specialized
educational classroom activity within the tenant space.
3. ENROLLMENT IJ7IITATION
The subject tenant shall not exceed any combination of students, staff and
visitors on site totalling 54 persons during the hours of 6 P.M. to 10 �lM.
(inclusive) on weeknights. A total of 20 students/staff are allowed between
the hours of 9 A.M. TO 3 P.M. on Saturdays.
4. FUTURE INGRESS EGRESS EASEMENTS
The property owner shall sign an agreement to participate in reciprocal
ingress/egress easements with owners of adjoining properties. The agreement
shall provide that reciprocal access shall be implemented at such time as
the adjoining property owner(s) is obligated by the City of Cupertino to
participate in a similar agreement.
5. RECIPROCAL PARI@1G
The property owner shall sign an agreement to enter into a reciprocal
parking agreement if the office parcel or retail parcel is sold.
PASSED AND ADOPTED this 27th day of November, 1989, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: COMMISSIONERS: Blaine, Claudy, Mackenzie, Chairman Adams
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST:
/sl Robert Cowan
Robert Cowan
Director of Community Development
/s/ Victor Adams
Victor Adams, Chairman
Cupertino Planning Commission
peresos\rso9-u-89
w
Cittl of Cupertino
101001nne Avrnuc
Cuperlino. Calder nia 95014
Telephone: (4011) 252.4505
December 13, 1989
CASCO Property Management
1735 N. First Street - Suite 313
San Jose, CA. 95112
AMN: Jodee Schultz
P.O, floc 5a0
Cupertino, California 9501S
Suw=: Use Permit 9-U-89 Amended -- University of San Francisco
Based on the disclosures contained in your letter of December 5, 1989,
aril, we find that the requirements of Condition 5 of Use Permit 9-U-89
Amended are no longer applicable to the subject property. Accordingly,),
the Seet Family Trust is hereby relieved of all obligations pursuant td11
said Condition 5. Please note, however, that all other conditions of this
Use Permit remain in effect.
We draw your attention specifically to Condition 4 which requires
recordation of a reciprocal access easement with adjoining properties.
This document must be recorded within a reasonable period of time, since
USF is already in operation under the terms of the Use Permit. It would
seen appropriate to allow 60 days for ccmpletion of the recording process,
commencing from the date of this letter, but please let us know if more
time is required.
QTY O F17PIN0
k Camaghey, AICP
City Planner
xc: USF Attn: Adele Salle
'd